The state of civic space in Vanuatu is rated as ‘narrowed’. Among ongoing concerns are the criminalisation of freedom of expression online under the Cybercrime Act No. 22 of 2021, as well as criminal defamation provisions in the country’s Penal Code Act that could be used to silence the media and critics.
Vanuatu has had three different prime ministers since September 2023 and weathered several court challenges as politicians and parties battled for parliamentary supremacy. The impact of political instability has led to stalled government decision-making and service delivery; deferments of key legislation by the parliament and a loss of public confidence in political leadership.
Prime Minister Charlot Salwai has faced at least two confidence motions since he came to power in October 2023, including in November 2023 and February 2024.
Peaceful Assembly
People march to parliament to hand over petition
In November 2023, more than 150 people marched to Parliament House to table a petition from over 1,800 people demanding the passage of proposed political integrity bills to mitigate continued instability.
The people carried signs expressing concerns about instability, with messages like “Stop the Nonsense” and “We deserve better”.
The petition stated that: “Political instability is disrupting Vanuatu’s development and service delivery to our communities across all islands. It fuels policy inconsistencies, interrupts development projects, hinders economic development and planning, discourages foreign investment, affects employment opportunities, and wastes the Vanuatu Government’s limited funds.”
The petition called for a package of bills in support of enhanced political integrity in Vanuatu to be prioritised, including the Bill for the Political Parties Registration Act of 2023, Bill for the Electoral Act of 2023, Bill for the Decentralisation (Amendment) Act of 2023, Bill for the Municipalities (Amendment) Act of 2023, Bill for the Referendum Act of 2023, Bill for the Right to Information (Amendment) Act of 2023 and Bill for the Charitable Associations (Incorporations) (Amendment) Act of 2023.
In response, Prime Minister Charlot Salwai commended the citizens for delivering the petition personally, emphasising the importance of the parliament as the place where laws are passed.
Association
Referendum called to instil stability
On 29th May 2024, the people of Vanuatu will be asked to vote on a referendum that aims to overcome the country's persistent political instability.
The government is aiming to end party-hopping and to force independents to join political parties, and the public are to have the final say on it.
The referendum proposes that the country’s constitution should be amended so that any lawmaker who leaves or changes political party during the parliamentary term loses their seat. It also proposes that parliamentarians with no political party affiliation be required to join a party within three months of being elected or lose their seat.
A majority of Vanuatu’s Parliament backed the overhaul by passing the Political Parties Registration Bill in December 2023. Constitutional changes to the electoral system require a national referendum to be enacted.
According to some analysts this a major milestone for Vanuatu politics. The bill proposes basic, minimum political accountability and ensures a more stringently monitored registration regime to curb the unfettered proliferation of parties. It requires political parties to be subject to registration and reporting requirements similar to those that apply to businesses or NGOs.
However, professor of comparative politics at Victoria University of Wellington, Jonathan Fraenkel, said the amendments will not work as the legislation is poorly drafted and full of loopholes.
LGBTQI+ group vilified by traditional chief
The VPride Foundation came under attack from the President of the Malvatumauri Council of Chiefs, Chief Paul Robert Ravun, in February 2024.
Ravun was critical of the VPride Foundation, emphasising the importance of traditional Vanuatu culture over modern trends. The chief urged parliament to address the issue, claiming that the constitution states Vanuatu is a Christian country. He questioned whether Vanuatu would continue to allow the group to operate ‘under the guise of human rights’.
The VPride Foundation, a community-based organisation established in 2017, aims to educate, advocate, and mobilise support for the Lesbian, Gay, Bisexual, Trans, Queer, Intersex (LGBTQI+) community, and Sex Workers (SWs) in Vanuatu.
As documented by the Kaleidoscope Human Rights Foundation previously, discrimination and violence against LGBTI persons persist in Vanuatu. While the Constitution of Vanuatu provides for equal rights under the law for all persons, discrimination based on sexual orientation, gender identity and sex characteristics is not specifically addressed in the Constitution. In addition, despite violence against LGBTQI+ people remaining widespread, there are no laws or policies that address hate crimes and violence against persons on the basis of sexual orientation, gender identity or sex characteristics (including, for example, laws that provide for an enhanced sentence where a crime has been committed due to hatred against LGBTQI+ people).